New Delhi: The Jamiat Ulema-i-Hind on Monday moved the Supreme Court seeking a halt to the “extra-legal” and “precipitative action” of demolition of the residential properties of the accused allegedly involved in the recent violence that erupted in Kanpur district of Uttar Pradesh in the wake of the “objectionable and offensive remarks” about Prophet Mohammed by two leaders of the ruling BJP.
It asked the court to issue a direction to the Uttar Pradesh government that no precipitative action be taken in Kanpur district against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure. The Jamiat has said that the precipitative demolition as an extra-judicial punitive measure were clearly in violation of the principles of natural justice.
The “adoption of such extra-legal measures is clearly in violation of the principles of natural justice”, more so when the apex court has already ordered the “stay of demolitions that were being carried out as a punitive measure in Northwest Delhi in similar circumstances”.
The Jamiat further urged the Supreme court to direct the Uttar Pradesh government “to ensure that any demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing is given to each affected person”.
The application referred to a statement by chief minister Yogi Adityanath that appeared in the media on June 4 saying that the houses of accused persons would be razed using bulldozers. It also referred to ADG (law and order) Prashant Kumar and Kanpur police commissioner Vijay Singh Meena reiterating that the properties of the accused will be seized and demolished.
The Jamiat pointed to Section 10 of the Uttar Pradesh (Regulation of Building Operations) Act 1958, that provides that the demolition of a building shall not be undertaken unless the affected person is given a reasonable opportunity of being heard. Further, the Jamiat application says Section 27 of the UP Urban Planning and Development Act 1973 also requires that the affected person be heard before proceeding with the demolition and be given at least 15 days’ notice.
Moreover, under the law, a person aggrieved with order of demolition is entitled to appeal against it to the chairman within a period of 30 days of the order.
